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2014 Supreme(Guj) 803

BHASKAR BHATTACHARYA, J.B.PARDIWALA
Nina Punjabhai Vadhel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Ankur Y. Oza
For Respondents/Defendant: Government Pleader

JUDGMENT

Bhaskar Bhattacharya, C.J.

1. These two Special Civil Applications were heard analogously as common questions that arise for determination are (i) whether Rules 5(A)(ii) and 5(2) of the Gujarat Professional Medical Education Courses (Regulation of Admission and Payment of Fees) (Amendment) Rules, 2014, ("the Medical Admission Rules", hereafter) are illegal and ultra vires the Constitution of India insofar as it makes a student of Gujarat origin and domicile of Gujarat ineligible from getting admission in the professional courses such as M.B.B.S/B.D.S. etc., and (ii) whether a direction should be given to the State of Gujarat to consider the question of effecting change in the eligibility criteria provided in Rule 5(2) of the Medical Admission Rules in conformity with the change in the eligibility criteria effected in Rule 5(2) of the Engineering and Technology (Regulation of Admission and Payment of Fees) Rules, 2013 ("the Engineering Admission Rules", hereafter) with respect to children of Defence and Armed Forces Personnel of Gujarat origin, declaring that different el

















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